Consideration of quantity of contraband, accused's custody, and application of Section 37 of the NDPS Act in bail applications.

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the second accused in Crime No.46/2022 of the Amaravila Excise Range Office, Thiruvananthapuram, registered against the accused, for allegedly committing the offences under Sections 20(b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘NDPS Act’). The petitioner was arrested on 20.05.2023.

2. The crux of the prosecution case is that; on 20.05.2023, at around 18.50 hours, the accused were found in possession of 1.450 kg Ganja at the Mariyapuram junction. The accused were arrested then, and there from the spot with the contraband article. Thus, the accused have committed the above offence.

3. Heard Smt. Resmi Nandanan, learned counsel appearing for the petitioner and Smt. Seetha.S the learned Public Prosecutor appearing for the respondent.

4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusations levelled against him. He has been falsely implicated in the crime. The petitioner has been in judicial custody since 20.05.2023. The investigation in the case is practically complete, and recovery has been effected. Even assuming that the prosecution allegation is true, the contraband allegedly seized from the petitioner is of an intermediate quantity. Hence, the application may be allowed.

5. The learned Public Prosecutor opposed the application. She contended that the petitioner has criminal antecedents, since he is involved in two other cases. If the petitioner is released on bail, there is every likelihood of him committing a similar offence.

The investigation in the case is in progress. Hence, the application may be dismissed.

6. On an anxious consideration of the facts, the materials placed on record, the rival submissions made across the Bar, especially taking note of the fact that the contraband article that was allegedly seized from the petitioner is of an intermediate quantity, that the petitioner has been in judicial custody since 20.05.2023, and that the recovery has been effected, not-withstanding the fact that the petitioner has criminal antecedents, on considering that the rigour under Section 37 of the Act will not apply, I am of the view that the petitioner’s further detention is unnecessary. Hence, I hold that the petitioner is entitled to be released on bail.

In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every Saturday between 9 a.m. and 11 a.m for a period of two months or till the final report is filed, whichever is earlier.

He shall also appear before the Investigating Officer as and when required;

(ii) The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii) The petitioner shall not commit any offence while he is on bail;

(iv) The petitioner shall surrender his passport, if any, before the court below at the time of execution of the bond. If he has no passport, he shall file an affidavit to the effect before the court below on the date of execution of the bond;

(v) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vi) Applications for deletion/modification of the bail conditions shall be filed and entertained before the court below.

(vii) Needless to mention, it would be well within the powers of th